November 5, 2013

The Covenant Of Quiet Enjoyment

The covenant of “quiet enjoyment” is implied in every lease and rental agreement under California law. It doesn’t have to be specifically mentioned in the lease in order for it to protect the tenant. This covenant states that the tenant will have the right to use and enjoy the tenant’s premises without disturbance from the landlord and/or any other tenants. The following rights are included in the covenant:

  • A reasonable expectation of privacy.
  • Peace, quiet, and solitude.
  • Freedom from disturbances such as loud noises, smoke, and other nuisances from the landlord or other tenants.
  • Exclusive possession of the rental unit, subject to the landlord’s right of access pursuant to the terms of the lease or rental agreement.
  • The use of common areas, free from significant disturbance or interference by the landlord or other tenants.
  • The use of basic services such as electricity, heat and hot water.

If you are a Los Angeles tenant and your unit has smoke drifting into it or you are constantly suffering from outside noise, you may have a claim for breach of the covenant of quiet enjoyment. You may also have a related claim of nuisance. If a landlord fails to remedy the interference with quiet enjoyment, the tenant may be able to sue the landlord in small claims court. Consult with a Los Angeles landlord-tenant attorney from Beverly Hills Law Corp., PC who can assist you with determining whether or not the covenant of quiet enjoyment has been breached in your case.

If the interference with your right to quiet enjoyment of the premises is so substantial that it forces you to abandon the premises, you may have a claim for constructive eviction. However, it is imperative that you consult with a tenant’s rights lawyer in Los Angeles who can assess your situation and advise you accordingly.

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